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Police gross misconduct

35 replies

WishFulfilled · 13/11/2021 19:38

Hey guys

How would gross misconduct by the police affect a case against someone?

I recently found out the police had deliberately lied about the grounds for my first arrest and on Monday I'm putting in a complaint to the IOPC.

OP posts:
NumberTheory · 14/11/2021 16:52

It would depend on the details of the case and the actions of the officers. Generally, if the evidence against you is not based on the dishonest assertions by the police, it will make very little difference. If it’s a minor crime where there no particular “victim” as such they’re more likely to drop it. Otherwise, the case against you will go ahead (though probably with a closer than normal eye on it by someone higher up) and your complaint against the police will go ahead.

It gets more complicated if evidence against you is found in some way that they would not have had access to if they hadn’t lied. But it doesn’t automatically make it inadmissible. You need to speak with your lawyer who will have a better understanding of your situation.

WishFulfilled · 14/11/2021 20:25

@NumberTheory

It would depend on the details of the case and the actions of the officers. Generally, if the evidence against you is not based on the dishonest assertions by the police, it will make very little difference. If it’s a minor crime where there no particular “victim” as such they’re more likely to drop it. Otherwise, the case against you will go ahead (though probably with a closer than normal eye on it by someone higher up) and your complaint against the police will go ahead.

It gets more complicated if evidence against you is found in some way that they would not have had access to if they hadn’t lied. But it doesn’t automatically make it inadmissible. You need to speak with your lawyer who will have a better understanding of your situation.

Thanks for the reply

Yeah there is no victim in this situation and also the police would not have gotten this evidence if they would have acted lawfully

OP posts:
Russell19 · 14/11/2021 20:30

How do you know that lied? Are you certain? Hope you are ok.

BigMamaFratelli · 14/11/2021 20:33

Honestly, it depends entirely on circumstance and what's in the public interest. Always worth a complaint though.

FrostyGirl66 · 14/11/2021 22:11

Will make absolutely no difference. Police protect their own and will cover for him/her

IWishToAnswerInTheAffirmative · 14/11/2021 22:18

Your first arrest?

You know there are many people who make it through life without being arrested even once.

WishFulfilled · 14/11/2021 22:23

@IWishToAnswerInTheAffirmative

Your first arrest?

You know there are many people who make it through life without being arrested even once.

Anyone can be a victim of false allegations
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WishFulfilled · 14/11/2021 22:25

@Russell19

How do you know that lied? Are you certain? Hope you are ok.
Completely by accident that I found out when I had called my solicitor up to ask her something, I kept doubting myself thinking that there was no way that the police would lie but everything started to make sense
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WishFulfilled · 14/11/2021 22:27

@FrostyGirl66

Will make absolutely no difference. Police protect their own and will cover for him/her
I would normally agree although thankfully the professional standards department have been really great to me in the past when I've put in complaints
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Russell19 · 14/11/2021 22:34

Is there any chance you can explain a bit more as I'm really not following about the lie thing....

WishFulfilled · 14/11/2021 22:34

@BigMamaFratelli

Honestly, it depends entirely on circumstance and what's in the public interest. Always worth a complaint though.
To make matters worse (for them), the Police National Legislation Database told me the police actually needed a warrant to search/seize my property but they didn't have one
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WishFulfilled · 14/11/2021 22:35

@Russell19

Is there any chance you can explain a bit more as I'm really not following about the lie thing....
It's a bit of a sensitive topic, would you mind if I sent you a message?
OP posts:
OverByYer · 14/11/2021 22:39

How many times have you been arrested?

WishFulfilled · 14/11/2021 22:42

@OverByYer

How many times have you been arrested?
Twice because of this specific case then once for filming a video outside a police station although after I put in a complaint they had acknowledged it should never had happened
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Theunamedcat · 14/11/2021 22:45

I'm sorry I can't actually think of a victimless crime?

S2617 · 14/11/2021 22:50

You will get no where. The independent body always side with the police unless politics are at play.

whyohwhyohwhyohwhywhy · 14/11/2021 22:51

How many complaints have you made to professional standards? Roughly?

WishFulfilled · 14/11/2021 22:52

@S2617

You will get no where. The independent body always side with the police unless politics are at play.
To be fair, I've seen some random comments on social from police officers who say the IOPC are anti-police and always screw them over
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WishFulfilled · 14/11/2021 22:53

@whyohwhyohwhyohwhywhy

How many complaints have you made to professional standards? Roughly?
At least 10 now since April but they've been pretty great and have sided me with a lot of things I've pointed out
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GreyhoundG1rl · 15/11/2021 02:31
Confused
FAQs · 15/11/2021 03:51

Are you one of those irritating protesters?

NeedsCharging · 15/11/2021 04:51

FAQS
I dont think they are a protester.

I could be wrong but there is a regular late night poster who always has a complaint against various medical professionals and the police.
This posts reads very much the same.

Russell19 · 15/11/2021 07:43

@WishFulfilled message away 😀

prh47bridge · 15/11/2021 09:13

When you are arrested the police have to tell you why you have been arrested. This does not prevent them charging you with something completely different, even if they don't charge you with the original offence. Whether the original arrest is lawful depends on whether they had grounds for arresting you and stated those grounds correctly.

Once you have been arrested the police can search you and your premises for evidence without a warrant provided they have reasonable grounds for believing they will find evidence. If the search turns up evidence of another offence, they can seize that evidence.

If evidence has been obtained unlawfully it is up to the court to decide whether to admit it.

WishFulfilled · 15/11/2021 10:32

@NeedsCharging

FAQS I dont think they are a protester.

I could be wrong but there is a regular late night poster who always has a complaint against various medical professionals and the police.
This posts reads very much the same.

Definitely not me, I've never had an issue with any medical professionals
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